New offence to light up a cigarette in the vicinity of a NSW hospital

IT will soon be an offence to light up in the vicinity of a NSW hospital - but the government isn't sure how it will enforce the law.

Legislation passed in the NSW parliament last month will give hospitals power to fine people who smoke on hospital grounds from January 7.

But the NSW health ministry says it is still trying to work out exactly who will police the smoke-free zones and whether it is the right move to issue fines of up to $110 to people caught breaking the law.

Anti-smoking campaigners say that's not good enough and the O'Farrell government needs to commit extra funding and resources to hospitals to implement a smoking ban on hospital grounds from 2013.

Action on Smoking and Health Australia chief executive Anne Jones said she hoped the government would take the new laws seriously.

"The Minister needs to take a particular interest in this policy to ensure that it is being co-ordinated and rolled out and that it doesn't fail because the hospitals say they haven't got the resources to enforce the bans," she said. "There is already good signage but you actually need someone to ensure people aren't smoking."

Smoke-free zones are heavily signposted outside all NSW hospitals but are not yet enforceable with infringement penalties. They have done little to deter people from lighting up and most hospital foyers have become meeting spots for patients and visitors who smoke - sometimes under no-smoking signs.

NSW Health Ministry spokesman Henry Jamieson said the government would take an "educative approach" to smokers before deciding whether it would issue penalty notices.

It would decide how to enforce the new law based on advice from local health district chief executives.

"Early stages of implementation will focus on an educative approach to compliance with the law," he said.

"The ministry will continue to evaluate whether local health districts have adequate tools to enforce compliance with the new laws or whether additional tools, such as allowing penalty infringement notices to be issued, should be pursued."